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Let’s imagine the following hypothetical scenario: Company X hires a freelance to develop a system, does freelance have a right over the code? For example, if the freelance wants to sell the system in the future?
And if modifications are made to the original code (which was delivered to the customer)?
But let’s just say I was hired to write the code. I made and delivered the project to the client, then I repurpose some things and make a competitor, that’s a crime?
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I don’t know about Portugal. But in Brazil, software as property is governed by intellectual property law. It is different from the United States, for example, where software is governed by patent law.
Your case is governed by a separate law for computer programs, the 9609.
Article four says, and I put emphasis on the relevant parts:
Art. 4 Unless otherwise stipulated, shall belong exclusively to the employer, service contractor or public body, the rights relating to the computer program, developed and drawn up during the term of contract or statutory contract, expressly intended for research and development, or in which the activity of the employee, service contract or server is provided for, or is due to the very nature of the charges relating to those links.
That is: if you do not have a contract establishing your ownership of the software developed, the software is from who hired you to do it.
If you make software that is not for a customer - a "shelf" program, or your website, then it is worth law 9610, the copyright law itself. It states that in such cases the property is exclusive to the author.
I saw a recent issue in question. The following question was added: what if I make modifications to the code? If the code is owned by you, or if it is a modification made for your client because he asked for it, there are no problems. Otherwise you have committed a crime, even if your modifications are not performed on the rights machines of the code holder. This is a part where I believe all the laws of the West agree: modifications to a code you do not own are a form of piracy.
But let’s just say I was hired to write the code. I made and delivered the project to the client, then I repurpose some things and make a competitor, that’s a crime?
@Max23 If you don’t have a contract that explicitly states that you is the copyright holder of the code, yes. If you want to do something for another client you better start a new code from scratch.
Got it, thanks. My doubts have been solved.
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Depends on how the contract is done. The most common is that the rights on the product are safeguarded for the customer, because he paid for it, but there are scenarios in which the contract can specify, protecting the right of the developer to resell the product.
– Woss
This issue is being discussed at the Meta: It’s legal to ask questions about legislation?
– Guilherme Nascimento